Re: Date on Disclosure incorrect (PS)

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Remember ... Your dealing with a sweet little
old lady. Who's memorey may be failing. If she
made simple mistake, in the date that "is"
What can you do? Due dilegence is the buyers
responsabiliy. I'd suggest paying for your owm
repairs and leave the nice little old lady out
of it. She already got ripped off once.
Whooops! I made a boo boo. Lets beat up an old
lady so i don't look dumb. C'mon!!!!

On 11/30/07, -- wrote:
> I realize you are focused on the date. I
doubt that a conflict in
> the date of the prior fix would be
considered a material fact.
> Maybe but the important fact is you were put
on notice that there
> was a problem with the basement at some time
in the past. If she
> had denied or concealed the problem
altogether you might have a
> case of misrepresentation. Since she
disclosed that a problem had
> occurred it was then your duty of due
diligence to insist on a
> warrantee of no leaks or refuse to preform
the contract. Even
> though the date was off by 6 years it was
discoverable by due
> diligence on your part and probably isn't a
misrepresentation that
> amounts to fraud.
>
> As harsh as it seems, without a warrantee in
the deed, your case
> is very weak.
>
> I'd go with the drain in the yard. Sounds
like it could work and
> it's cheap. It is nearly impossible to
waterproof a basement if
> you have water pooling around it underground.
>
>
>
>
> On 11/30/07, -- wrote:
>> First; there two remedies available in this
situation. 1. Void
>> the contract; she takes the house back and
you get your money
>> back. 2. Damages for the leaky basement.
>>
>> You need to show fraud to void the
contract. And for damages
>> show a breach of a warrantee.
>>
>> Let's assume you decide to pursue a claim
to void the contract
>> and return to your original positions. It
will surely cost you
>> much more in lawyer fees than just fixing
the basement. As for
>> damages--same story and even if you win you
may not be awarded
>> attorney fees. And if you win and get a
judgment for damages
>> and attorney fees, you may have a very
difficult time actually
>> collecting from a little old lady in a care
home.
>>
>> In any event you do need to talk to an Ohio
lawyer for actual
>> legal advice.
>>
>>
>>
>> On 11/30/07, Laura wrote:
>>> So, the fact that the information provided
on the disclosure
>> was
>>> false and misleading was not an issue?
>>>
>>> She knew in the last 5 years that basement
leaked, she had it
>>> "fixed" for $8,000. The disclosure
says, "Basement ALLOWED
>>> (past tense) leaks but (implying no more
leaking) they were
>>> repaired 10 years ago (also not fact).
>>>
>>> allowed seepage vs allows seepage
>>>
>>>
>>> 10 years vs 4 years
>>>
>>> Doesn't the information have to be the
TRUTH in a disclosure
>> for
>>> real estate?
>>>